This Perpetual Non Disclosure Agreement is designed for situations where parties need to share sensitive information that requires indefinite protection under Irish law. It is commonly used in business relationships, negotiations, potential partnerships, or any scenario where confidential information needs to be disclosed with long-term protection. The agreement ensures compliance with Irish and EU regulations, including trade secrets protection and data privacy requirements. It is particularly suitable for protecting trade secrets, proprietary technology, business methods, and other sensitive information that maintains its value indefinitely. The perpetual nature of the agreement means that confidentiality obligations continue even after the business relationship ends, providing ongoing protection for the disclosing party's sensitive information.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement and the purpose for sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and the standard of care required
5. Obligations of Receiving Party: Core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and by legal requirement
7. Return or Destruction of Confidential Information: Requirements for handling confidential information upon request or termination
8. Duration and Survival: Establishment of the perpetual nature of obligations and which provisions survive
9. No Grant of Rights: Clarification that no intellectual property rights are transferred
10. No Warranty: Disclaimer of warranties regarding the confidential information
11. Remedies: Available remedies in case of breach, including injunctive relief
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Required when confidential information includes personal data subject to GDPR
2. Non-Solicitation: Optional restriction on soliciting employees or customers, if relevant to the business relationship
3. Export Control: Required when confidential information may be subject to export control regulations
4. Competition Law Compliance: Required when parties are competitors or in sensitive market positions
5. Source Code Protection: Additional provisions specific to software source code protection, if applicable
6. Reverse Engineering Prohibition: Specific prohibition on reverse engineering, particularly relevant for technical information
7. Residual Knowledge: Optional clause addressing use of non-deliberate retained knowledge
8. Force Majeure: Optional clause for handling circumstances beyond parties' control
1. Schedule 1 - Specific Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals or roles authorized to receive confidential information
3. Schedule 3 - Security Measures: Specific security protocols and measures required for protecting the confidential information
4. Appendix A - Information Handling Procedures: Detailed procedures for marking, storing, and transmitting confidential information
5. Appendix B - Form of Representative Undertaking: Template confidentiality undertaking for representatives to sign
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